Theory and practice of collecting a court penalty (astrent) in civil proceedings
https://doi.org/10.31429/20785836-16-3-44-49
Abstract
The purpose of the article is to analyze the theoretical provisions and features of the practical application of the astrent institute (judicial penalty) in civil proceedings. Based on the analysis of the positions existing in the scientific literature, the mixed legal nature of astrent, which is a complex material and procedural institution, is emphasized.
The author, taking into account the analyzed judicial practice, concludes that the court penalty is in demand and suggests expanding the scope of its application, including labor and administrative disputes. Taking into account the lack of an unambiguous approach in judicial practice to determining the amount of the astrent, the need for additional specification of the criteria for its determination is emphasized.
About the Author
N. A. Konorezov
FGBOU VO "Kuban State University"
Russian Federation
Russian Federation
Nikolay A. Konorezov, Cand. of Sci. (Law), Associate Professor of the Department of Civil Procedure and International Law
Stavropol str., 149, Krasnodar, Russia, 350040
Tel.: +7 (938) 474-70-70
References
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2. Agarkov M.M. [Obligation under Soviet civil law]. M.; 1940. (In Russ.)]
3. Afonina Yu.Yu. [Court penalty (astrent) and other measures of liability of the debtor for non-execution of a court decision: a comparative analysis]. Arbitration and civil proceedings. 2016;(11):45–49. (In Russ.)]
4. Zardov R.S. [On the issue of the ratio of the rent and the penalty]. Law and economics. 2018;(3):61–69. (In Russ.)]
5. Fioshin A.V. [On the legal nature of astrent]. Bulletin of the civil procedure. 2021;(3):29–49. (In Russ.)]
Review
For citations:
Konorezov N.A. Theory and practice of collecting a court penalty (astrent) in civil proceedings. Legal Bulletin of the Kuban State University. 2024;(3):44-49. (In Russ.) https://doi.org/10.31429/20785836-16-3-44-49
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